Search Results for: Art 24 EC

Click the case name for better results:

L Oliva Torras v EUIPO – Mecanica Del Frio (Attelages Pour Vehicules) (Judgment): ECFI 12 Oct 2022

Community design – Invalidity proceedings – Registered Community design representing a coupling for connecting refrigeration or air conditioning equipment to a motor vehicle – Grounds for invalidity – Novelty – Individual character – Articles 5 and 6 and Article 25, paragraph 1(b) of Regulation (EC) No 6/2002 – Disclosure of the earlier design – Article … Continue reading L Oliva Torras v EUIPO – Mecanica Del Frio (Attelages Pour Vehicules) (Judgment): ECFI 12 Oct 2022

Habilaj v Albania: ECHR 15 Sep 2022

ECHR Judgment : Article 6 – Right to a fair trial : Third Section Committee Citations: 2480/10, [2022] ECHR 688 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 16 October 2022; Ref: scu.681080

Sappi Austria Produktion and Wasserverband – Region Gratkorn-Gratwein (Environment – Waste – Sewage Sludge – Judgment): ECJ 14 Oct 2020

Reference for a preliminary ruling – Environment – Waste – Directive 2008/98/EC – Article 2(2)(a), point 1 of Article 3 and Article 6(1) – Waste water – Sewage sludge – Scope – Concept of ‘waste’ – Cessation of waste status – Recovery or recycling operation Judges: President of Chamber A Arabadjiev (Rapporteur) Citations: C-629/19, [2020] … Continue reading Sappi Austria Produktion and Wasserverband – Region Gratkorn-Gratwein (Environment – Waste – Sewage Sludge – Judgment): ECJ 14 Oct 2020

Jollah, Regina (on The Application of) v The Secretary of State for The Home Department: CA 12 Jun 2018

Judges: Davis, Hickinbottom LJJ, Sir Stephen Richards Citations: [2018] EWCA Civ 1260, [2019] 1 WLR 394, [2018] WLR(D) 353 Links: Bailii Statutes: Immigration Act 1971 Jurisdiction: England and Wales Citing: Admin (1) – Jollah, Regina (on The Application of) v Secretary of State for The Home Department Admn 24-Feb-2017 Judicial review of refusal to lift … Continue reading Jollah, Regina (on The Application of) v The Secretary of State for The Home Department: CA 12 Jun 2018

Jollah, Regina (on The Application of) v Secretary of State for The Home Department (No 2): Admn 9 Nov 2017

Claim for damages for false imprisonment arising out of the imposition of what has been referred to as a curfew, namely a requirement that the claimant be present for a certain number of hours each day at specified premises after release from immigration detention centre. Judges: Lewis J Citations: [2017] EWHC 2821 (Admin) Links: Bailii … Continue reading Jollah, Regina (on The Application of) v Secretary of State for The Home Department (No 2): Admn 9 Nov 2017

Biba (Trade Mark: Revocation) O34906: IPO 7 Dec 2006

IPO The specifications of the mark in suit cover the following goods: Class 3 Perfumes, cosmetics, toilet preparations, preparations for the hair, soaps and dentifrices. Class 14 Clocks and watches; jewellery; articles made of precious metal or coated therewith. Class 25 Articles of clothing; footwear. The mark in suit dates back to the 1960’s and … Continue reading Biba (Trade Mark: Revocation) O34906: IPO 7 Dec 2006

Voronin And Others v Russia: ECHR 15 Sep 2022

ECHR Judgment : Article 5 – Right to liberty and security : Third Section Committee Citations: 51245/20, [2022] ECHR 717 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 15 October 2022; Ref: scu.681109

Politsei-Ja Piirivalveamet: ECJ 6 Oct 2022

Reference for a preliminary ruling – Directive 2008/115/EC – Return of illegally staying third-country nationals – Article 15(1) – Detention – Grounds for detention – General criterion based on the risk that the effective enforcement of the removal would be compromised – Risk that the person concerned would commit a criminal offence – Consequences of … Continue reading Politsei-Ja Piirivalveamet: ECJ 6 Oct 2022

D, Regina (on the Application Of) v Secretary of State for the Home Department and others: Admn 22 May 2006

An asylum-seeker held at a detention centre was not given a medical examination within 24 hours of her arrival at the centre as required by Rule 34 of the Detention Centre Rules 2001. It was further claimed that transfers to Oakington Detention centre on making claim for asylum was unlawful. Held: ‘The power to detain … Continue reading D, Regina (on the Application Of) v Secretary of State for the Home Department and others: Admn 22 May 2006

Tuck v Vehicle Inspectorate: Admn 24 Mar 2004

The defendant appealed a conviction for exceeding the gross permitted weight on a goods vehicle. The magistrates having heard the case, the defendant submitted there was no case to answer, the prosecution having failed to bring evidence as to the plate attached to the vehicle. The magistrates allowed the inspector to be recalled. Held: The … Continue reading Tuck v Vehicle Inspectorate: Admn 24 Mar 2004

Regina v Barnet Magistrates Court ex parte Cantor: Admn 28 Nov 1997

A court assessing the ability of a defendant to pay a fine may not take into account the defendant’s possible entitlement under a discretionary trust. Such an approach was unlawful. Citations: Times 20-Jan-1998, [1997] EWHC Admin 1029, [1997] EWHC Admin 1054, [1999] 1 WLR 334 Links: Bailii, Bailii Jurisdiction: England and Wales Cited by: Cited … Continue reading Regina v Barnet Magistrates Court ex parte Cantor: Admn 28 Nov 1997

Windows “R” Us (Trade Mark: Inter Partes): IPO 8 Aug 2006

ICO Section 5(2)(b): Invalidity action failed. Section 5(3): Invalidity action failed Section 5(4)(a): Invalidity action failed. Section 56(2): Invalidity action failed The applicant in these proceedings is the owner of a number of registered marks (UK and CTM) such as TOYS’R’US, MUMS’R’US, BABIES’R’US, ‘R’US etc in a range of classes. It also claimed extensive user … Continue reading Windows “R” Us (Trade Mark: Inter Partes): IPO 8 Aug 2006

Dichko And Others v Russia: ECHR 15 Sep 2022

ECHR Judgment : Article 8 – Right to respect for private and family life : Third Section Committee Citations: 33724/14, [2022] ECHR 693 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 October 2022; Ref: scu.681077

Thorn v Sweden: ECHR 1 Sep 2022

ECHR Judgment : No Article 8 – Right to respect for private and family life : First Section Citations: 24547/18, [2022] ECHR 649 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 October 2022; Ref: scu.681028

M.K v Ukraine: ECHR 15 Sep 2022

ECHR Judgment : Article 8 – Right to respect for private and family life : Fifth Section Citations: 24867/13, [2022] ECHR 686 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 14 October 2022; Ref: scu.681091

Mastercigars Direct Ltd v Hunters and Frankau Ltd: CA 8 Mar 2007

An allegation was made that Cuban cigars imported by the claimant infringed the trade marks of the respondents being either counterfeit or parallel imports, and were impounded. The claimant sought a declaration of non-infringement and their release, saying that the respondents had consented to the import within the Directive. Held: The appeal succeeded. The Cuban … Continue reading Mastercigars Direct Ltd v Hunters and Frankau Ltd: CA 8 Mar 2007

Re Thoars (Dec’d); Reid v Ramlort Ltd: ChD 15 Nov 2002

The deceased had a valuable life insurance policy. Before an operation he wrote it in trust with no consideration. He died in the operation. He was insolvent. The issue was as to when the policy was to be valued. Held: The property was to be valued at the time it was assigned. Following Brewin Dolphin, … Continue reading Re Thoars (Dec’d); Reid v Ramlort Ltd: ChD 15 Nov 2002

McCarthy v Regina: CACD 11 Dec 2019

For tattoo artist executing body modification procedures on consenting customers. Judges: Lord Burnett of Maldon CJ, Sweeney J, Sir Roderick Evans Citations: [2019] EWCA Crim 2202, [2019] WLR(D) 678 Links: Bailii, WLRD Jurisdiction: England and Wales Criminal Sentencing Updated: 13 October 2022; Ref: scu.647047

Department for Work and Pensions v The Information Commissioner and Another: CA 27 Jul 2016

The applicant sought disclosure of certain organisations who had provided placements for those seeking work. They said that in the past disclosure had led to adverse publicity for those organisations, and refused disclosure under the department’s commercial interests and those of the organisations involved. The Department now appealed from a decision that the qualified exemption … Continue reading Department for Work and Pensions v The Information Commissioner and Another: CA 27 Jul 2016

Saat v Turkiye: ECHR 6 Sep 2022

ECHR Judgment : Article 3 – Prohibition of torture : Second Section Committee Citations: 23939/20, [2022] ECHR 668 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 October 2022; Ref: scu.681024

CIS v Commission (Judgment): ECFI 22 Jun 2005

Europa European Regional Development Fund – Withdrawal of financial assistance – Failure to take into consideration expenditure committed by the beneficiary of the assistance – Article 24 of Regulation (EEC) No 4253/88 – Obligation to give reasons – Raised by the Court of its own motion. Citations: T-102/03 Jurisdiction: European Employment Updated: 13 October 2022; … Continue reading CIS v Commission (Judgment): ECFI 22 Jun 2005

Gasi and Others v Serbia: ECHR 6 Sep 2022

ECHR Judgment : No Article 10 – Freedom of expression-{general} : Second Section Citations: 24738/19, [2022] ECHR 656 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights Updated: 13 October 2022; Ref: scu.681014

Regina (on the application of C) v Secretary of State for Justice: SC 27 Jan 2016

The applicant was a convicted murderer who had been held in a high security mental hospital. His application for unescorted leave had been refused, and he wished to challenge the decisions. Anonymity in the subsequent proceedings had been refused to him, but retained pending the appeal. Held: His appeal was allowed: ‘an anonymity order is … Continue reading Regina (on the application of C) v Secretary of State for Justice: SC 27 Jan 2016

Ollinger v Austria: ECHR 29 Jun 2006

Citations: 76900/01, [2006] ECHR 665, [2010] ECHR 941 Links: Worldlii, Bailii, Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Cited by: Cited – Laporte, Regina (on the application of ) v Chief Constable of Gloucestershire HL 13-Dec-2006 The claimants had been in coaches being driven to take part in a demonstration at an … Continue reading Ollinger v Austria: ECHR 29 Jun 2006

Regina v Lord Mayor of London; Ex parte Boaler: QBD 14 Jun 1893

Boaler had brought unsuccessful proceedings in the Lord Mayor’s Court against a company, and was ordered to pay its costs. When he failed to pay them, an order of commitment was made against him. He applied for certiorari, alleging, inter alia, that the proceedings had been brought against the company without leave, when it was … Continue reading Regina v Lord Mayor of London; Ex parte Boaler: QBD 14 Jun 1893

Fearnley v Director of Public Prosecutions: Admn 10 Jun 2005

The defendant appealed his conviction for driving with excess alcohol. He said that the machine used to measure his breath alcohol was not of the type approved by the Secretary of State. Held: There was a presumption that the Intoximeter used was type approved. The defendant had brought no evidence to suggest otherwise. The magistrates … Continue reading Fearnley v Director of Public Prosecutions: Admn 10 Jun 2005

Lord, Regina (on the Application of) v Secretary of State for the Home Department: Admn 1 Sep 2003

The claimant was a category A prisoner serving a sentence of life imprisonment for murder. He sought the reasons for his categorisation as a Class A prisoner. Unhappy at the disclosure made, he sought information under the 1998 Act. It was argued that disclosure beyong ‘gist’ reports would threaten the system of categorisation, which was … Continue reading Lord, Regina (on the Application of) v Secretary of State for the Home Department: Admn 1 Sep 2003

Worm v Austria: ECHR 29 Aug 1997

ECHR Preliminary objection rejected (six month period); No violation of Art. 10 – ‘The phrase ‘authority of the judiciary’ includes, in particular, the notion that the courts are, and are accepted by the public at large as being, the proper forum for the settlement of legal disputes and for the determination of a person’s guilt … Continue reading Worm v Austria: ECHR 29 Aug 1997

Dowd v Martins and Others: UTLC 16 Sep 2022

Housing – Rent Repayment Orders – Time for Landlord To Prepare for The Hearing – Whether Tenant Should Have Been Allowed To Give Evidence In Chief at the hearing – case management decisions by the First-tier Tribunal – repayment of rent to tenant who paid for herself and her partner – the First-tier Tribunal’s exercise … Continue reading Dowd v Martins and Others: UTLC 16 Sep 2022

Bond v The United Kingdom: ECHR 1 Apr 2008

The applicant complained that the United Kingdom authorities’ refusal to grant him widows’ social security and tax benefits or equivalent constituted discrimination on grounds of sex contrary to Article 14 of the Convention in conjunction with Article 1 of Protocol No. 1. Citations: 63479/00, [2008] ECHR 246 Links: Bailii Statutes: European Convention on Human Rights … Continue reading Bond v The United Kingdom: ECHR 1 Apr 2008

Medicines and Healthcare Products Regulatory Agency (Health (Other)): ICO 24 Feb 2015

The complainant has requested information on whether the NHS hospitals are still using a particular type of hip replacement. The Medicine and Healthcare Products Regulatory Agency (MHRA) informed the complainant that it did not hold the information. The Commissioner’s decision is that the MHRA is correct when it says it does not hold the requested … Continue reading Medicines and Healthcare Products Regulatory Agency (Health (Other)): ICO 24 Feb 2015

James, Wells and Lee v The United Kingdom: ECHR 18 Sep 2012

ECHR Article 5-1 Deprivation of liberty Failure to provide the rehabilitative courses to prisoners which were necessary for their release: violation Facts – By virtue of section 225 of the Criminal Justice Act 2003, indeterminate sentences for the public protection were introduced. Like sentences of life imprisonment, these required the direction of the Parole Board … Continue reading James, Wells and Lee v The United Kingdom: ECHR 18 Sep 2012

Nemzeti Fogyasztovedelmi Hatosag v Invitel Tavkozlesi Zrt: ECJ 26 Apr 2012

ECJ Directive 93/13/EEC – Article 3(1) and (3) – Articles 6 and 7 – Consumer contracts – Unfair terms – Unilateral amendment of the terms of a contract by a seller or supplier – Action for an injunction brought in the public interest and on behalf of consumers by a body appointed by national legislation … Continue reading Nemzeti Fogyasztovedelmi Hatosag v Invitel Tavkozlesi Zrt: ECJ 26 Apr 2012

Browning v Lewes Crown Court and RSPCA: Admn 24 Apr 2012

The claimant appealed against the refusal by the respondent to state a case regarding its conviction of the claimant of offences under the 2006 Act. Held: In view of the case of Perkins, the application failed save that the Crown Court should state a case as regards its decision to order the claimant to pay … Continue reading Browning v Lewes Crown Court and RSPCA: Admn 24 Apr 2012

Felix Palacios de la Villa v Cortefiel Servicios SA: ECJ 16 Oct 2007

ECJ (Grand Chamber) Spain had legislated for compulsory retirement when it wanted to encourage recruitment; then abolished it when economic circumstances improved and it wanted to encourage people to stay in work; and then reintroduced it by allowing collective agreements to prescribe retirement ages, provided that the worker had qualified for a retirement pension. Held: … Continue reading Felix Palacios de la Villa v Cortefiel Servicios SA: ECJ 16 Oct 2007

Felix Palacios de la Villa v Cortefiel Servicios SA: ECJ 15 Feb 2007

Europa Council Directive 2000/78/EC Article 6 – General principle of Community law – Age discrimination – Compulsory retirement – Direct effect – Obligation to set aside conflicting national law. Citations: C-411/05, [2007] EUECJ C-411/05, [2007] IRLR 989, [2007] ECR I-8531 Links: Bailii Statutes: Council Directive 2000/78/EC Jurisdiction: European Cited by: Order – Felix Palacios de … Continue reading Felix Palacios de la Villa v Cortefiel Servicios SA: ECJ 15 Feb 2007

Regina v Secretary of State for the Home Department, Ex parte Zamir: CA 21 Dec 1979

The claimant appealed refusal of his request for a writ of habeas corpus. He had been detained for return to Pakistand. He had obtained an entry certificate, but then married, but did not disclose that on entry. Held: The failure amounted to a deception and the detention and intended removal were correct. Judges: Stephenson, Eveleigh … Continue reading Regina v Secretary of State for the Home Department, Ex parte Zamir: CA 21 Dec 1979

Cummins v The United Kingdom: ECHR 1 Apr 2008

The applicant complained under Articles 8 and 14 of the Convention and Article 1 of Protocol No. 1 that, because he was a man, he was denied social security benefits equivalent to those received by widows. Citations: 14549/02, [2008] ECHR 244 Links: Bailii Statutes: European Convention on Human Rights Jurisdiction: Human Rights Human Rights, Benefits, … Continue reading Cummins v The United Kingdom: ECHR 1 Apr 2008

Kaltenbach and Voigt v OHIM (3D Exam): ECFI 29 Mar 2012

ECFI Community trade mark – International registration – Request for territorial extension of protection – Figurative mark 3D eXam – Absolute grounds for refusal – Descriptive character and lack of distinctive character – Article 7(1)(b) and (c) of Regulation (EC) No 207/2009 Judges: Kanninen p Citations: T-242/11, [2012] EUECJ T-242/11 Links: Bailii European, Intellectual Property … Continue reading Kaltenbach and Voigt v OHIM (3D Exam): ECFI 29 Mar 2012

Saadi v United Kingdom: ECHR 29 Jan 2008

(Grand Chamber) The applicant sought judicial review of the decision to detain him for a short period while his asylum claim was being subject to fast-track processing. The decision was made pursuant to a policy under which all asylum claimants falling within defined criteria (usually by nationality) were normally detained at Oakington while their claims … Continue reading Saadi v United Kingdom: ECHR 29 Jan 2008

Capitanio v Italy: ECHR 11 Jul 2002

Hudoc Judgment (Merits and just satisfaction) Violation of Art. 6-1; Pecuniary damage – financial award; Non-pecuniary damage – financial award; Costs and expenses partial award – Convention proceedings Citations: 28724/95, [2002] ECHR 587 Links: Worldlii, Bailii Jurisdiction: Human Rights Human Rights Updated: 06 October 2022; Ref: scu.174280

Salimi, Regina (on The Application of) v Secretary of State for The Home Department and Another: CA 4 Apr 2012

The claimant wished to assert that, during his removal from the UK to Iraq, he had been assaulted by the British escorts. Judges: Longmore, Kitchin LJJ, Sir Mark Waller Citations: [2012] EWCA Civ 422 Links: Bailii Statutes: Immigration and Asylum Act 1999 14 Jurisdiction: England and Wales Police, Torts – Other Updated: 06 October 2022; … Continue reading Salimi, Regina (on The Application of) v Secretary of State for The Home Department and Another: CA 4 Apr 2012

Cumpana and Mazare v Roumanie: ECHR 17 Dec 2004

(Grand Chamber) Reputation falls within the ambit of the protection afforded by article 8 Judges: Wildhaber P Citations: 33348/96, (2005) 41 EHRR 14, [2004] ECHR 692 Links: Worldlii, Bailii Statutes: European Convention on Human Rights 10 Citing: See Also – Cumpana Et Mazare v Roumanie ECHR 10-Jun-2003 Reputation can be a Convention right within Article … Continue reading Cumpana and Mazare v Roumanie: ECHR 17 Dec 2004

Bizimana, Regina (on The Application of) v Secretary of State for The Home Department: CA 2 Apr 2012

Appeal by a foreign national, who contends that his detention pending possible deportation was, or at least became, unlawful. Judges: Pill, Jackson, Sullivan LJJ Citations: [2012] EWCA Civ 414 Links: Bailii Statutes: Immigration Act 1971 3(5) Jurisdiction: England and Wales Torts – Other, Immigration Updated: 06 October 2022; Ref: scu.452409

Football Association Premier League and Others v QC Leisure: ECJ 4 Oct 2011

ECJ Judgment – Satellite broadcasting – Broadcasting of football matches – Reception of the broadcast by means of satellite decoder cards – Satellite decoder cards lawfully placed on the market in one Member State and used in another Member State – Prohibition on marketing and use in a Member State – Visualisation of broadcasts in … Continue reading Football Association Premier League and Others v QC Leisure: ECJ 4 Oct 2011

Ireland v Commission: ECFI 21 Mar 2012

ECFI State aid – Directive 92/81/EEC – Excise duty on mineral oils – Mineral oils used as fuel for alumina production – Exemption from excise duty – Whether the exemption complies with a Council decision of authorisation under Article 8(4) of Directive 92/81 – Presumption of legality attaching to European Union measures – Legal certainty … Continue reading Ireland v Commission: ECFI 21 Mar 2012

Fjord Seafood Norway And Alsaker Fjordbruk v Council: ECFI 21 Mar 2012

ECFI Dumping – Imports of salmon originating in Norway – Definition of the Community industry – Like product – Composition of the sample of Community producers Judges: N.J. Forwood, P Citations: T-113/06, [2009] EUECJ T-113/06 Links: Bailii Citing: See Also – Fjord Seafood Norway And Alsaker Fjordbruk v Council 22-Sep-2009 Partial removal from the register … Continue reading Fjord Seafood Norway And Alsaker Fjordbruk v Council: ECFI 21 Mar 2012

Kurrer v Commission: ECFI 20 Mar 2012

ECFI Appeal – Staff case – Officials – Appointment – Classification in grade – Transitional rules for classification in grade on recruitment – Article 5, paragraph 4 of Annex XIII to the Staff – Principle of equal treatment Citations: T-441/10, [2012] EUECJ T-441/10 – P Links: Bailii Jurisdiction: Human Rights European Updated: 06 October 2022; … Continue reading Kurrer v Commission: ECFI 20 Mar 2012

Rule v Scottish Ministers: SIC 13 Dec 2011

Correspondence with named individuals – Mr Rule requested from the Scottish Ministers (the Ministers) all information held by the First Minister’s Office contained in correspondence with any one of a list of 19 named people. The Ministers failed to respond and Mr Rule requested a review. Following the review, when the Ministers responded by stating … Continue reading Rule v Scottish Ministers: SIC 13 Dec 2011

G v Scottish Legal Complaints Commission: SIC 14 Dec 2011

Identity and relationship of decision-makers – Mr G requested from the Scottish Legal Complaints Commission (the SLCC) information as to whether a named person was personally acquainted with certain decision-makers and/or members of the SLCC board, and also the identities of those involved in making a particular decision. The SLCC did not respond and Mr … Continue reading G v Scottish Legal Complaints Commission: SIC 14 Dec 2011

Dockerill and Another v Tullett: CA 24 Feb 2012

In all three claims, children sought to recover the costs of applications to approve compromises of their claims for damages for personal injuries received. In particular the court was asked whether they were entitled only to fixed costs, or were subject to detailed assessment. Citations: [2012] EWCA Civ 184 Links: Bailii Statutes: Civil Procedure Rules … Continue reading Dockerill and Another v Tullett: CA 24 Feb 2012

Sprunt Ltd v London Borough of Camden: TCC 6 Dec 2011

The court heard applications in adjudication enforcement proceedings between consultants and their employer, issues being raised about the extent to which the construction contract between the parties was in writing for the purposes of Section 107 of the Housing Grants, Construction and Regeneration Act 1996 (‘HGCRA’) and in relation to the extent and scope of … Continue reading Sprunt Ltd v London Borough of Camden: TCC 6 Dec 2011